How Do I Dispute a Denial of a Home Warranty?

by Anna Assad

A home warranty generally has to be renewed by the homeowner.

A home warranty is a policy which covers items and systems in the home that are not typically covered by homeowner's insurance. Plumbing and electrical systems, furnaces and outside air conditioning units are commonly covered under a home warranty plan. The homeowner puts in a claim with the warranty company when a covered item needs repair. Some warranty companies send a contractor directly to the home for repairs, while others reimburse the homeowner for the cost of the repair. A homeowner has the legal right to dispute a claim that is denied by a home warranty company.

1

Check your home warranty documents. The specific steps you need to take with the warranty company to appeal a denial should be listed in the documents.

2

Contact your home warranty company. Maintain a log of all dates and times you speak to a company representative. Get the names of each person you speak to, if possible. Ask for the required paperwork to appeal a denial of your warranty claim.

3

Have the problem re-evaluated by a third party. Contact a local contractor or repairman and get a written estimate for the repair. Have the professional note what he believes is the cause of the damage in writing.

4

Follow the warranty company's appeal process. Some companies require mediation procedures be initiated and completed by you before the matter can be taken further. Provide any documentation requested by the company.

5

6

File a lawsuit in small claims court if your claim is small enough. Small claims courts have limits on how much money you can sue for. Check with the small claims clerk's office to determine if your claim falls under the limit.

7

Obtain an attorney for larger claims. Check with your local bar association to find an attorney experienced in real estate and denial of service matters. The legal fees for an attorney vary by area, but you typically will be able to sue the warranty company for the lawyer fees you paid in addition to your claim.

About the Author

Anna Assad began writing professionally in 1999 and has published several legal articles for various websites. She has an extensive real estate and criminal legal background. She also tutored in English for nearly eight years, attended Buffalo State College for paralegal studies and accounting, and minored in English literature, receiving a Bachelor of Arts.

Photo Credits

One year warranty gold medal image by patrimonio designs from Fotolia.com

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